[Adopted 6-11-1986 by Ord. No. 86-3]
[Amended 12-13-2001 by Ord. No. 2000-14]
A. 
No person owning any property within the Borough of Chambersburg shall plant, maintain or permit trees or shrubbery to grow into or remain upon the Borough streets or permit tree limbs to grow over the streets, so as to obstruct or hinder the use of the streets or to block or impede the ability of motorists to see clearly oncoming or intersecting traffic while using streets located in the Borough.
B. 
Encroaching and obstructing defined. Any trees or shrubbery or any part thereof encroaching over the main travel portion of a street within 14 feet above the paved roadway or which is located at any point within the triangular area formed by the intersecting street right-of-way lines and a straight line adjoining said street right-of-way lines at points which are 30 feet distance from the point of intersection measured along said street lines in such a manner as to obstruct or interfere with the ability of motorists approaching the intersection to see oncoming or intersecting traffic shall be considered encroaching upon and obstructing said street.
Any tree trunk or limb obstructing the parking or shoulder areas of the Borough streets shall also be considered encroaching upon and obstructing the street. The Borough Engineer, or any officer or employee designated for the purpose, may determine whether a tree unduly obstructs such parking or shoulder areas of the Borough streets from being used in a customary and normal manner.
Any tree trunk or limb encroaching upon or obstructing a Borough street in violation of this provision is hereby declared to be a public nuisance and detrimental to the health, safety and comfort of the inhabitants of the Borough.
The owner of any premises with any tree trunk or limbs encroaching upon or obstructing the Borough streets in violation of the provisions of this article shall be responsible for the removal or trimming of such tree trunk or limbs.
The owner of the premises immediately abutting a sidewalk shall be presumed to be the owner of the trees between the sidewalk and the street.
The Borough Council, or the Borough Engineer, or any officer or employee designated for the purpose, is hereby authorized to give notice, by personal service or by certified mail, to the owner of any premises whereon a tree trunk or limbs are encroaching upon or obstructing the Borough streets in violation of this article. Said notice shall direct and require such owner to remove or trim such tree trunk or limbs so as to conform to the requirements of this article within 30 days after issuance of such notice.
In the event any owner shall neglect, fail or refuse to comply with such notice within the stated time period, the Borough Engineer, or any officer or employee designated for the purpose, shall have the authority to remove or trim the obstructing or encroaching tree trunk or limbs. The cost of such removal or trimming, together with a ten-percent additional penalty, may be collected from such owner in the manner provided by law as a municipal claim or civil action.